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Madras High CourtSA(MD)/1123/2008dismissed as abated

O.A.A.Anantha Padmanaban v. M.Singaram

2023-08-08Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY In S.A.(MD)No.1123 of 2008 O.A.A.Anantha Padmanaban Chettiar ...Appellant vs.

M.Singaram

...Respondent

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 14.12.2007 in A.S.No. 80 of 2005 on the file of the Subordinate Judge, Thiruchirappalli confirming the Judgment and Decree dated 05.04.2005 in O.S.No.292 of 1997 on the file of the Principal District Munsif Court, Thiruchirappalli. For Appellant :

Mr.R.Devaraj For Respondent :

No appearance

In S.A.(MD)No.947 of 2008 O.A.A.Anantha Padmanaban Chettiar ...Appellant vs.

M.Singaram Chettiar

...Respondent

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 14.12.2007 in A.S.No. 74 of 2005 on the file of the Subordinate Judge, Thiruchirappalli reversing the Judgment and Decree dated 05.04.2005 in O.S.No.292 of 1997 on the file of the Principal District Munsif, Thiruchirappalli. For Appellant :

Mr.R.Devaraj For Respondent :

No appearance COMMON JUDGMENT The sole appellant and the sole respondent in both appeals passed away long before. The learned counsel for the appellant filed petitions to condone the delay, set aside the abatement and bring on record the legal representatives of the deceased appellant and respondent in both appeals.

2. This court by virtue of order dated 27.06.2023, allowed the petitions filed in both appeals to condone the delay with condition to pay cost. Since the conditional order was not complied with, this Court, by virtue of order dated 14.07.2023 dismissed all the petitions which were filed for taking steps for the deceased appellant and the respondent in both the appeals.

3. In view of the above, the Second Appeals are dismissed as abated. No costs.

08.08.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The Subordinate Judge, Thiruchirappalli 2.The Principal District Munsif, Thiruchirappalli 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

KRISHNAN RAMASAMY , J.

mbi 08.08.2023